Policy Briefing Summary - Board of Supervisors - Kennett Township
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Policy Briefing Summary
Board of Supervisors
RE: Emergent Abundance Farming Collective
Date Presented: March 17, 2021
Prepared By: Eden Ratliff, Township Manager
Action Forcing Event
Kennett Township has been approached by Emergent Abundance Farming Collective (EAFC) with a request to
provide land that would be used to grow organic vegetables to be donated to Kennett Area Community Service
(KACS) and other food banks to benefit those experiencing food insecurity.
Background
The Township acquired Spar Hill Farm in 2018 for the purpose of preserving open space and natural resources.
The majority of Spar Hill is still farmed by a local farmer and is used by many residents for trail walking and
other passive recreation opportunities. The farm is technically closed due to the need to address the dilapidated
buildings on the property which is an action item in the 2021 budget. Agriculture uses and passive recreation
are both activities supported by the deed restriction of the property.
Analysis
EAFC proposes to use 1-acre of land at Spar Hill to engage in natural and organic growing practices to produce
vegetables and other foods to donate to KACS and other local food banks who support those facing food
insecurity. In 2020 the EAFC maintained a 1-acre garden on private land that produced over 1,000 lbs. of food
that was donated to area food banks including KACS. EAFC proposes to expand their operation to public lands
such as Spar Hill to allow for greater growing opportunities, enhanced visibility, increase volunteer
participation, and decreased costs. EAFC proposes to use 1-acre of land on Spar Hill to continue this operation
mainly supporting KACS.
Authorizing EAFC to use 1-acre of Spar Hill to engage in organic growing will directly support Kennett area
community members who utilize the services of KACS as the harvest of EAFC at Spar Hill will be packaged
and provided to KACS for distribution. This operation has been developed and arranged in coordination with
both EAFC and KACS.
EAFC is an emerging organization that is not yet legally incorporated and is in discussions with KACS to form
a formalized organization to support and grow this mission. While this potential legal entity has not yet been
formed, Kennett Township still proposes to enter into a legal agreement with EAFC who will be using Spar
Hill. The Township Solicitor has provided a legal agreement to the members of EAFC for execution along with
liability waivers to be executed by anyone participating in the gardening at Spar Hill. Should EAFC be
incorporated into KACS, this current agreement would be terminated, and a new legal agreement would be
proposed for execution.
1
The agreement with EAFC only provides for Kennett Township to provide 1-acre of land for the gardening. Kennett Township will not provide any monetary support without additional approval but will be allowing the Public Works team to provide moderate mowing services around the garden. The current farmer of Spar Hill, Jamie Hicks, will be donating plowing services to EAFC to assist with the initial establishment of the garden. The opportunity for Kennett Township to partner in this manner with EAFC by allowing the use of publicly preserved land for growing food enables us to help members of our community who are in need. As the success of this initial organic garden grows the opportunities for partnership with EAFC and KACS does as well. Financial Impact The agreement has no monetary components. Kennett Township will be directing the Public Works team to engage in moderate mowing around the gardens including designated paths through the garden. Recommendation For the reasons outlined herein, I recommend the Board of Supervisors adopt an agreement with the members of Emergent Abundance Farming Collective to engage in organic gardening on 1-acre of land at Spar Hill farms for the purpose of supporting Kennett Area Community Service and other local nonprofit food banks. Exhibits Presentation by Emergent Abundance Farming Collective Legal Agreement Liability Waiver 2
Emergent Abundance Farming Collective Exploring the possibilities to establish a community garden at Spar Hill Farm.
Our Mission To create an abundance of food and ecological habitat and to share food, knowledge, skill, and access to land with the local community of Kennett Township.
Our History • Small group of women • Currently growing food (vegetables, berries, herbs, medicinals) on 1 acre of private land. • Julia offering farm mentorships to anyone who wants to learn. • Spent 2020 growing produce for weekly donations to Kennett Food Cupboard; Food For All, Wilmington and some drop offs in Philadelphia. • Our movement has gained momentum, we are ready to grow and include many more people eager to join.
What We Do • Teach natural and organic farming • Grow an abundance off food for ourselves and people in need • Experiment with carbon-sink farming methods • Grow community • Create inclusive settings for many different people to join • Welcome children • Use permaculture principles to guide our design, decision making process and implementation
Our Vision
To create an integrated diverse farm that
serves multiple purposes, including:
• Ecological benefits for rivers,
groundwater, soil, habitat creation,
wildlife food, insectaries , carbon sink
• A welcoming beautiful space for our
community, including natural
playgrounds and hide-outs
• Outdoor teaching and learning space
• Opportunities for participation
• An abundance of food to share
What We’re Looking For • Land, where we can establish a vibrant, diverse community garden or farm (1 to 10 acres or more - depending on whether livestock and trees can be included) • Clear agreements and/or partnership • A place where many different people are welcome, including children, elderly, latinX community, etc. • An opportunity to be involved in the design of the garden/farm according to permaculture principles • An opportunity to explore different possibilities for a future farm • Clearly defined rights and responsibilities
Spar Hill
Immediate Proposed Land Use
1. Main Vegetable Production Area
Begin preparations and planting for spring of
2021
Future/Potential Proposed Land Use
1. Integration of small livestock such as rabbits,
ducks, and chickens in areas #1 and #2
2. U-Pick berries & fruit
3. Corn, squash, etc. and future Silvopastoral
nut and fruit orchard, integration of sheep,
goats, and pigs.
4. Greenhouse & Propagation
5. Livestock housing and year-round pastures
(barn, shelters, and fenced area)Community Partners • While the Township would be instrumental in potential land use agreements, the expectation is NOT that this will be managed or run by Kennett Township. • We would ask for maintenance of grass paths through and the perimeters around the gardens. • Conversations are in process to fold our Emergent Abundance Farming Collective into the umbrella of Kennett Area Community Service.
Questions?
AGREEMENT
THIS AGREEMENT (this “Agreement”) is made this ______ day of _____________, 2021, by
and between Julia Smagorinsky, (the “Releasor”), an adult individual with an address at 309 Beech
Lane, Kennett Square, PA 19348, and Kennett Township (the “Township”), a Pennsylvania Township
of the Second Class with offices at 801 Burrows Run Road, Chadds Ford, PA 19317.
In consideration of the Township allowing Releasor to enter upon Chester County Tax Parcel
No. 62-8-1 (the “Property”), an approximately 103-acre parcel owned by the Township and known as
“Spar Hill”, to plant and harvest produce (the “Project”), Releasor hereby releases, holds harmless, and
agrees to defend Kennett Township and its officials, officers, employees, consultants, volunteers, and
anyone acting on behalf of Kennett Township, from and against any and all claims, including
negligence, for damages, loss, or injury which Releasor or its employees, agents, workmen, contractors,
subcontractors, or anyone acting on behalf of or in concert with Releasor may suffer directly or
indirectly in connection with any activities in which Releasor participates on Township-owned land,
including but not limited to the Project. Releasor assumes all responsibility and liability, and Releasor
assumes all risk of damage, loss, or injury in connection with participating in the Project. Prior to the
commencement of the Project, the Township agrees to cover and secure any open wells on the Property.
As additional consideration for the Township allowing the Releasor to perform the Project on the
Property, Releasor agrees that the produce generated by the Project shall be donated (and never sold or
otherwise used for any pecuniary benefit) to the non-profit Kennett Area Community Services
(“KACS”) and other area food banks. Releasor acknowledges that the Township’s interest in allowing
the Project to occur on the Property is to benefit Kennett-area residents.
1Releasor agrees that prior to any persons entering onto the Property to perform work on the
Project, Releasor will have all persons performing work in conjunction with the Project execute a waiver
of liability in a form satisfactory to the Township and shall provide said waivers to the Township.
Releasor acknowledges that there are buildings located on the Property that are in poor structural
condition, uninhabitable, and in imminent danger of collapse, yet Releasor assumes all risk and accepts
all liability for any damage or loss to person or property if caused by the collapse or any other condition
of said buildings, or any other patent or latent conditions of the Property.
If any damage is caused to the Property by any action(s) of Releasor, then Releasor will be solely
responsible for reimbursing the Township for the amount of such damage.
By no later than December 31, 2021, Releasor shall either establish a not-for-profit business
entity that will become the Releasor by assignment of this Agreement, or the Releasor shall become a
part of KACS, which shall become the Releasor by assignment of this Agreement. Assignment of this
Agreement pursuant to this paragraph shall not be unreasonably withheld by the Township.
Other than the assignment of this Agreement referred to in the previous paragraph, the Releasor
shall not assign or sublet this Agreement without the written approval of the Township, which approval
shall be within the sole discretion of the Township and may be withheld for any reason or no reason at
all.
This Agreement shall continue in full force and effect until terminated by either party by giving
thirty (30) days’ written notice to the other party. Releasor shall be permitted to harvest any produce
already planted at the time of termination of this Agreement.
This Agreement shall be interpreted pursuant to the laws of the Commonwealth of Pennsylvania
without regard to its rules governing conflicts of law.
2The Court of Common Pleas of Chester County shall have initial jurisdiction to hear and decide
any disputes arising from the Agreement.
The parties hereto agree that they have had the opportunity to have this Agreement reviewed by
counsel of their choosing and agree that this Agreement shall not be interpreted against its drafter.
This Agreement shall be amended only in writing signed by all parties hereto.
This Agreement does not create any employment relationship between the parties hereto, nor
does this Agreement create or intend to create any third-party beneficiaries.
The provisions of this Agreement are declared to be severable. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid or unconstitutional, such
determination shall have no effect on the remaining provisions of this Agreement.
This Agreement binds the parties hereto as well as their heirs, successors, personal
representatives, and assigns.
Intending to be legally bound, the parties hereto set forth their hands and seals this 17th day of
March, 2021.
_______________________________(SEAL)
Julia Smagorinsky
KENNETT TOWNSHIP
By: ___________________________(SEAL)
Richard L. Leff, Chairman
3RELEASE AND HOLD HARMLESS AGREEMENT
In consideration of Kennett Township allowing me to enter onto the Property known as
Spar Hill, a Township-owned property, to perform work including but not limited to tilling the
soil, planting and growing produce, and harvesting such produce, I hereby release, hold
harmless, and agree to defend Kennett Township and its officials, officers, employees,
volunteers, and anyone acting on behalf of Kennett Township, from and against any and all
claims, including negligence, for damages, loss, or injury which I may suffer directly or
indirectly in connection with any activities in which I participate on Township-owned land,
including but not limited to tilling the soil, planting and growing produce, and harvesting such
produce at Spar Hill. I personally assume all responsibility and liability, and I assume all risk of
damage, loss, or injury in connection with participating in such activities.
____________________________
Signature
_____________________________
Print Name
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